Grand Jury Decides Not To Indict In Davie CVS Shooting

DAVIE (CBSMiami) – A Broward Grand Jury has decided not to indict a man involved in a deadly shooting at a CVS store in Davie last November. Security video of the shooting was released for the first time Friday.

Andre Smith, 20, was shot inside the store by Matthew Barry in what appears to have been a Craigslist deal gone wrong, according to police.

It began when Smith placed an ad on the site selling an iPhone 7. Barry responded to the ad and the two agreed to meet in the parking lot of the CVS at the corner of University Drive and Griffin Road. Police say Barry was careful to arrange the meeting at the busy pharmacy.

“He tried to do what he felt was right by going to a public place, and it just went downhill from there,“ said Davie Police Major Dale Engle on Friday.

Watch the surveillance video here:

Barry would later tell police that when he met Smith, who was there with another man, he felt like he was going to be robbed. When Barry went into the store to ask the clerk to call 911, Smith followed behind.

The store’s surveillance video shows Barry trying to get away from Smith as he pursued him around several different displays.

Barry shot Smith repeatedly after he rushed him and grabbed at him.

“Barry, who is legally licensed to carry a concealed weapon in the state of Florida, retrieved that weapon and shot it several times, ultimately killing Smith,“ said Engle.

From the beginning, Davie police, according to a source close to the investigation, had reason to believe the shooting was a case of self-defense. They interviewed Barry and multiple witnesses at length. They did not arrest Barry, leaving the matter to the state attorney’s office which took it to a grand jury that apparently concluded Barry was in fear for his life.

“They clearly said that there was no evidence to bring forward a criminal charge,“ Engle said Friday.

After her son’s killing, Smith’s mother went public, demanding answers. Now that the shooter has been officially cleared, Andrea Smith is declining to talk about it.

“I have nothing to say right now. I was instructed by my attorney not to speak to the media,“ Smith’s mother told CBS4 News Friday.

As of late Friday afternoon, attorneys representing Smith’s family, as well as Barry’s attorney, had not responded to repeated requests for comment.

A spokesperson for the Broward state attorney’s office would only say that the security video makes it clear why the grand jury reached the conclusion it did.